Token issuance across saved source records.

Matched: offer to the public, admission to trading, issuer — Article 1 Subject matter 1. This Regulation lays down uniform requirements for the offer to the public and admission to trading on a trading platform of crypto-assets other than asset-referenced tokens and e-money tokens, of asset-referenced tokens and of e-money tokens, as well as requirements for crypto-asset…

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Matched: offer to the public, admission to trading — …Regulation applies to natural and legal persons and certain other undertakings that are engaged in the issuance, offer to the public and admission to trading of crypto-assets or that provide services related to crypto-assets in the Union.  2. This Regulation does not apply to: (a) persons who provide crypto-asset services exclusively for…

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Matched: offer to the public, admission to trading, issuer — …token’ means a type of crypto-asset that is only intended to provide access to a good or a service supplied by its issuer; (10) ‘issuer’ means a natural or legal person, or other undertaking, who issues crypto-assets; (11) ‘applicant issuer’ means an issuer of asset-referenced tokens or e-money tokens who applies for authorisation to offer…

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Matched: white paper, offer to the public, admission to trading — …to the public of crypto-assets other than asset-referenced tokens or e-money tokens 1. A person shall not make an offer to the public of a crypto-asset other than an asset-referenced token or e-money token in the Union unless that person: (a) is a legal person; (b) has drawn up a crypto-asset white paper in respect of that crypto-asset in…

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Matched: white paper, admission to trading — Article 5 Admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens 1. A person shall not seek admission to trading of a crypto-asset other than an asset-referenced token or e-money token within the Union…

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Matched: white paper, offer to the public, admission to trading, issuer — Article 6 Content and form of the crypto-asset white paper 1. A crypto-asset white paper shall contain all of the following information, as further specified in Annex I: (a) information about the offeror or the person seeking admission to trading; (b) information about the…

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Matched: white paper, offer to the public, admission to trading — Article 7 Marketing communications 1. Any marketing communications relating to an offer to the public of a crypto-asset other than an asset-referenced token or e-money token, or to the admission to trading of such crypto-asset, shall comply with all of the following requirements: (a) the marketing communications…

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Matched: white paper, offer to the public, admission to trading — Article 8 Notification of the crypto-asset white paper and of the marketing communications 1. Offerors, persons seeking admission to trading, or operators of trading platforms for crypto-assets other than assetreferenced tokens or e-money tokens shall notify their crypto-asset…

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Matched: white paper, offer to the public, admission to trading — Article 9 Publication of the crypto-asset white paper and of the marketing communications 1. Offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens shall publish their crypto-asset white papers and, where…

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Matched: offer to the public — Article 10 Result of the offer to the public and safeguarding arrangements 1. Offerors of crypto-assets other than asset-referenced tokens or e-money tokens that set a time limit on their offer to the public of those crypto-assets shall publish on their…

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Matched: white paper, offer to the public, admission to trading — Article 11  Rights of offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or emoney tokens 1. After publication of the crypto-asset white paper in accordance with Article 9 and, where applicable, of the modified crypto-asset white…

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Matched: white paper, offer to the public, admission to trading — Article 12 Modification of published crypto-asset white papers and of published marketing communications 1. Offerors, persons seeking admission to trading or operators of a trading platform for crypto-assets other than assetreferenced tokens or e-money tokens shall modify their…

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Matched: white paper, offer to the public — …crypto-assets shall provide information on the right of withdrawal referred to in paragraph 1 in their cryptoasset white paper.  4. The right of withdrawal referred to in paragraph 1 shall not apply where the crypto-assets have been admitted to trading prior to their purchase by the retail holder. 5. Where offerors have set a time limit on…

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Matched: white paper, offer to the public, admission to trading — Article 14 Obligations of offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens 1. Offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens shall: (a) act…

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Matched: white paper, admission to trading — Article 15 Liability for the information given in a crypto-asset white paper 1. Where an offeror, person seeking admission to trading or operator of a trading platform, has infringed Article 6 by providing in its crypto-asset white paper or in a modified crypto-asset white paper information…

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Matched: white paper, offer to the public, admission to trading, issuer — Article 16 Authorisation 1. A person shall not make an offer to the public, or seek the admission to trading, of an asset-referenced token, within the Union, unless that person is the issuer of that asset-referenced token and is: (a) a legal person or other undertaking that is established…

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Matched: white paper, offer to the public, admission to trading — …institution may be offered to the public or admitted to trading if the credit institution: (a) draws up a crypto-asset white paper as referred to in Article 19 for the asset-referenced token, submits that crypto-asset white paper for approval by the competent authority of its home Member State in accordance with the procedure set out in the regulatory…

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Matched: white paper, offer to the public, admission to trading, issuer — Article 18 Application for authorisation 1. Legal persons or other undertakings that intend to offer to the public or seek the admission to trading of asset-referenced tokens shall submit their application for an authorisation referred to in Article 16 to the competent authority of their home Member State. 2. The application…

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Matched: white paper, offer to the public, admission to trading, issuer — Article 19 Content and form of the crypto-asset white paper for asset-referenced tokens 1. A crypto-asset white paper for an asset-referenced token shall contain all of the following information, as further specified in Annex II: (a) information about the issuer of the asset-referenced…

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Matched: white paper, issuer — …within 25 working days of receipt of such application, assess whether that application, including the crypto-asset white paper referred to in Article 19, comprises all of the required information. They shall immediately notify the applicant issuer whether the application, including the crypto-asset white paper, is missing required information.…

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Matched: white paper, offer to the public, admission to trading, issuer — …referred to in Article 20(5), take a fully reasoned decision granting or refusing authorisation to the applicant issuer and, within five working days of taking that decision, notify it to the applicant issuer. Where an applicant issuer is authorised, its crypto-asset white paper shall be deemed to be approved. 2. Competent authorities shall…

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Matched: issuer — …asset-referenced tokens 1. For each asset-referenced token with an issue value that is higher than EUR 100 000 000, the issuer shall report on a quarterly basis to the competent authority the following information: (a) the number of holders; (b) the value of the asset-referenced token issued and the size of the reserve of assets; (c) the average…

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Matched: issuer — …exchange within a single currency area is higher than 1 million transactions and EUR 200 000 000, respectively, the issuer shall: (a) stop issuing that asset-referenced token; and (b) within 40 working days of reaching that threshold, submit a plan to the competent authority to ensure that the estimated quarterly average number and average…

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Matched: white paper, issuer — Article 24 Withdrawal of the authorisation 1. Competent authorities shall withdraw the authorisation of an issuer of an asset-referenced token in any of the following situations: (a) the issuer has ceased to engage in business for six consecutive months, or has not used its authorisation for 12 consecutive months; (b) the issuer has…

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Matched: white paper, issuer — Article 25 Modification of published crypto-asset white papers for asset-referenced tokens 1. Issuers of asset-referenced tokens shall notify the competent authority of their home Member State of any intended change of their business model likely to have a significant influence…

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Matched: white paper, issuer — Article 26 Liability of issuers of asset-referenced tokens for the information given in a crypto-asset white paper 1. Where an issuer has infringed Article 19 by providing in its crypto-asset white paper or in a modified crypto-asset white paper information…

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Matched: white paper, issuer — …Obligation to act honestly, fairly and professionally in the best interest of the holders of asset-referenced tokens 1. Issuers of asset-referenced tokens shall act honestly, fairly and professionally and shall communicate with the holders and prospective holders of asset-referenced tokens in a fair, clear and not misleading manner. 2. Issuers…

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Matched: white paper, offer to the public, admission to trading, issuer — Article 28 Publication of the crypto-asset white paper An issuer of an asset-referenced token shall publish on its website the approved crypto-asset white paper referred to in Article 17(1) or Article 21(1) and, where applicable, the modified crypto-asset white paper referred…

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Matched: white paper, offer to the public, admission to trading, issuer — Article 29 Marketing communications 1. Any marketing communications relating to an offer to the public of an asset-referenced token, or to the admission to trading of such asset-referenced token, shall comply with all of the following requirements: (a) the marketing communications are clearly identifiable as…

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Matched: issuer — Article 30 Ongoing information to holders of asset-referenced tokens 1. Issuers of asset-referenced tokens shall in a clear, accurate and transparent manner disclose, in a publicly and easily accessible place on their website, the amount of asset-referenced tokens in circulation, and the value and…

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Matched: issuer — Article 31 Complaints-handling procedures 1. Issuers of asset-referenced tokens shall establish and maintain effective and transparent procedures for the prompt, fair and consistent handling of complaints received from holders of asset-referenced tokens and other interested…

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Matched: issuer — Article 32 Identification, prevention, management and disclosure of conflicts of interest 1. Issuers of asset-referenced tokens shall implement and maintain effective policies and procedures to identify, prevent, manage and disclose conflicts of interest between themselves and: (a) their shareholders or members; (b) any…

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Matched: issuer — Article 33 Notification of changes to management body Issuers of asset-referenced tokens shall notify immediately their competent authority of any changes to their management body, and shall provide their competent authority with all of the necessary information to assess compliance…

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Matched: admission to trading, issuer — Article 34 Governance arrangements  1. Issuers of asset-referenced tokens shall have robust governance arrangements, including a clear organisational structure with well-defined, transparent and consistent lines of responsibility, effective processes to identify, manage,…

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Matched: issuer — Article 35 Own funds requirements 1. Issuers of asset-referenced tokens shall, at all times, have own funds equal to an amount of at least the highest of the following: (a) EUR 350 000; (b) 2 % of the average amount of the reserve of assets referred to in Article…

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Matched: white paper, issuer — Article 36 Obligation to have a reserve of assets, and composition and management of such reserve of assets 1. Issuers of asset-referenced tokens shall constitute and at all times maintain a reserve of assets. The reserve of assets shall be composed and managed in such a way that: (a) the risks associated to the assets referenced by the…

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Matched: issuer — Article 37 Custody of reserve assets 1. Issuers of asset-referenced tokens shall establish, maintain and implement custody policies, procedures and contractual arrangements that ensure at all times that: (a) the reserve assets are not encumbered nor pledged as a financial…

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Matched: issuer — Article 38 Investment of the reserve of assets 1. Issuers of asset-referenced tokens that invest a part of the reserve of assets shall only invest those assets in highly liquid financial instruments with minimal market risk, credit risk and concentration risk. The investments…

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Matched: issuer — …Right of redemption 1. Holders of asset-referenced tokens shall have a right of redemption at all times against the issuers of the asset-referenced tokens, and in respect of the reserve assets when issuers are not able to meet their obligations as referred to in Chapter 6 of this Title. Issuers shall establish, maintain and implement clear…

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Matched: issuer — Article 40 Prohibition of granting interest 1. Issuers of asset-referenced tokens shall not grant interest in relation to asset-referenced tokens. 2. Crypto-asset service providers shall not grant interest when providing crypto-asset services related to asset-referenced tokens.…

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Matched: issuer — Article 41 Assessment of proposed acquisitions of issuers of asset-referenced tokens 1. Any natural or legal persons or such persons acting in concert who intend to acquire, directly or indirectly (the ‘proposed acquirer’), a qualifying holding in an issuer of an asset-referenced…

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Matched: issuer — Article 42 Content of the assessment of proposed acquisitions of issuers of asset-referenced tokens 1. When performing the assessment referred to in Article 41(4), the competent authority shall appraise the suitability of the proposed acquirer and the financial soundness of the proposed acquisition…

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Matched: white paper, issuer — …value of the asset-referenced token issued, its market capitalisation or the size of the reserve of assets of the issuer of the asset-referenced token is higher than EUR 5 000 000 000; (c) the average number and average aggregate value of transactions in that asset-referenced token per day during the relevant period, is higher than 2,5 million…

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Matched: white paper, issuer — Article 44 Voluntary classification of asset-referenced tokens as significant asset-referenced tokens 1. Applicant issuers of asset-referenced tokens may indicate in their application for authorisation pursuant to Article 18, or in their notification pursuant to Article 17, that they wish for their asset-referenced tokens to be classified…

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Matched: issuer — Article 45 Specific additional obligations for issuers of significant asset-referenced tokens 1. Issuers of significant asset-referenced tokens shall adopt, implement and maintain a remuneration policy that promotes the sound and effective risk management of such issuers and…

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Matched: white paper, issuer — Article 46 Recovery plan 1. An issuer of an asset-referenced token shall draw up and maintain a recovery plan providing for measures to be taken by the issuer to restore compliance with the requirements applicable to the reserve of assets in cases where the…

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Matched: white paper, issuer — Article 47 Redemption plan  1. An issuer of an asset-referenced token shall draw up and maintain an operational plan to support the orderly redemption of each asset-referenced token, which is to be implemented upon a decision by the competent authority that the…

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Matched: white paper, offer to the public, admission to trading, issuer — Article 48 Requirements for the offer to the public or admission to trading of e-money tokens 1. A person shall not make an offer to the public or seek the admission to trading of an e-money token, within the Union, unless that person is the issuer of such e-money…

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Matched: white paper, issuer — …of the issuance and redeemability of e-money tokens only the requirements set out in this Article shall apply to issuers of e-money tokens.  2. Holders of e-money tokens shall have a claim against the issuers of those e-money tokens. 3. Issuers of e-money tokens shall issue e-money tokens at par value and on the receipt of funds. 4. Upon…

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Matched: issuer — Article 50 Prohibition of granting interest 1. Notwithstanding Article 12 of Directive 2009/110/EC, issuers of e-money tokens shall not grant interest in relation to emoney tokens. 2. Crypto-asset service providers shall not grant interest when providing crypto-asset services related to e-money tokens. 3. For the purposes of…

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Matched: white paper, offer to the public, admission to trading, issuer — Article 51 Content and form of the crypto-asset white paper for e-money tokens 1. A crypto-asset white paper for an e-money token shall contain all of the following information, as further specified in Annex III: (a) information about the issuer of the e-money token; (b) information…

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Matched: white paper, issuer — Article 52 Liability of issuers of e-money tokens for the information given in a crypto-asset white paper 1. Where an issuer of an e-money token has infringed Article 51, by providing in its crypto-asset white paper or in a modified crypto-asset white…

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Matched: white paper, offer to the public, admission to trading, issuer — Article 53 Marketing communications  1. Marketing communications relating to an offer to the public of an e-money token, or to the admission to trading of such e-money token, shall comply with all the following requirements: (a) the marketing communications are clearly identifiable as such; (b) the information…

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Matched: issuer — Article 54 Investment of funds received in exchange for e-money tokens Funds received by issuers of e-money tokens in exchange for e-money tokens and safeguarded in accordance with Article 7(1) of Directive 2009/110/EC shall comply with the following: (a) at least 30 % of the funds received is always deposited in…

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Matched: offer to the public, admission to trading, issuer — Article 55 Recovery and redemption plans Title III, Chapter 6 shall apply mutatis mutandis to issuers of e-money tokens. By way of derogation from Article 46(2), the date by which the recovery plan is to be notified to the competent authority shall, in respect of issuers of e-money tokens, be within six months of the date…

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Matched: offer to the public, admission to trading, issuer — …the period covered by the first report of information as referred to in paragraph 3 of this Article, following the offer to the public or the seeking admission to trading of those tokens; or (b) during the period covered by at least two consecutive reports of information as referred to in paragraph 3 of this Article. 2. Where several issuers…

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Matched: issuer — Article 57 Voluntary classification of e-money tokens as significant e-money tokens 1. An issuer of an e-money token, authorised as a credit institution or as an electronic money institution, or applying for such authorisation, may indicate that it wishes for its e-money token to be classified as a significant e-money…

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Matched: issuer — Article 58 Specific additional obligations for issuers of e-money tokens 1. Electronic money institutions issuing significant e-money tokens shall be subject to: (a) the requirements referred to in Articles 36, 37, 38 and Article 45, (1) to (4) of this Regulation, instead…

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Matched: white paper — …on crypto-assets, crypto-asset service providers shall provide their clients with hyperlinks to any crypto-asset white papers for the crypto-assets in relation to which they are providing those services. 4. Crypto-asset service providers shall make their policies on pricing, costs and fees publicly available, in a prominent place on their…

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Matched: white paper, admission to trading, issuer — …crypto-assets that are not admitted to trading; (c) set out the policies, procedures and the level of fees, if any, for the admission to trading; (d) set objective, non-discriminatory rules and proportionate criteria for participation in the trading activities, which promote fair and open access to the trading platform for clients willing to trade;…

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Matched: admission to trading, issuer — …providers placing crypto-assets shall communicate the following information to the offeror, to the person seeking admission to trading, or to any third party acting on their behalf, before entering into an agreement with them: (a) the type of placement under consideration, including whether a minimum amount of purchase is guaranteed or not;…

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Matched: admission to trading, issuer — …crypto-assets shall not accept and retain fees, commissions or any monetary or non-monetary benefits paid or provided by an issuer, offeror, person seeking admission to trading, or any third party, or a person acting on behalf of a third party, in relation to the provision of portfolio management of crypto-assets to their clients. 6. Where a crypto-asset…

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Matched: admission to trading — …carried out by any person concerning crypto-assets that are admitted to trading or in respect of which a request for admission to trading has been made. 2. This Title shall also apply to any transaction, order or behaviour concerning crypto-assets as referred to in paragraph 1, irrespective of whether such transaction, order or behaviour takes…

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Matched: admission to trading, issuer — …information of a precise nature, which has not been made public, relating, directly or indirectly, to one or more issuers, offerors or persons seeking admission to trading, or to one or more crypto-assets, and which, if it were made public,  would likely have a significant effect on the prices of those crypto-assets or on the price of a…

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Matched: admission to trading, issuer — Article 88 Public disclosure of inside information 1. Issuers, offerors and persons seeking admission to trading shall inform the public as soon as possible of inside information referred to in Article 87 that directly concerns them, in a manner that enables fast access as well as…

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Matched: admission to trading, issuer — …inside information as a result of: (a) being a member of the administrative, management or supervisory bodies of the issuer, the offeror, or the person seeking admission to trading; (b) having a holding in the capital of the issuer, the offeror, or the person seeking admission to trading; (c) having access to the information through the exercise…

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Matched: white paper, offer to the public, admission to trading, issuer — …cessation of the activity without prior warning or imposition of a deadline; (i) to require offerors, persons seeking admission to trading of crypto-assets, or issuers of asset-referenced tokens or emoney tokens to amend their crypto-asset white paper or further amend their modified crypto-asset white paper, where they find that the crypto-asset…

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Matched: issuer — …of the competent authorities. Where the on-site inspection or investigation referred to in paragraph 4 concerns an issuer of an asset-referenced token or emoney token or concerns crypto-asset services related to asset-referenced tokens or e-money tokens, EBA shall, where requested to do so by one of the competent authorities, coordinate the…

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Matched: white paper — …of Regulation (EU) No 1095/2010 to specify the content and form of the explanation accompanying the crypto-asset white paper referred to in Article 8(4) and of the legal opinions on the qualification of asset-referenced tokens referred to in Article 17(1), point (b)(ii), and Article 18(2), point (e). The guidelines shall include a template…

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Matched: admission to trading, issuer — Article 98 Cooperation with other authorities Where an offeror, person seeking admission to trading, an issuer of an asset-referenced token or e-money token or a cryptoasset service provider engages in activities other than those covered by this Regulation, the competent authorities shall cooperate with…

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Matched: admission to trading, issuer — …demonstrable grounds for suspecting that there are irregularities in the activities of an offeror or person seeking admission to trading of crypto-assets, an issuer of an assetreferenced token or e-money token, or a crypto-asset service provider, it shall notify the competent authority of the home Member State and ESMA thereof. Where the irregularities…

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Matched: admission to trading, issuer — …to submit complaints to them with regard to alleged infringements of this Regulation by offerors, persons seeking admission to trading, issuers of asset-referenced tokens or e-money tokens, or crypto-asset service providers. Complaints shall be accepted in writing, including electronically, and in an official language of the Member State…

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Matched: white paper, offer to the public, admission to trading, issuer — Article 109 Register of crypto-asset white papers, of issuers of asset-referenced tokens and e-money tokens, and of crypto-asset service providers 1. ESMA shall establish a register of: (a) crypto-asset white papers for crypto-assets other than asset-referenced tokens…

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Matched: issuer — …protection of persons reporting such infringements. CHAPTER 4 Supervisory responsibilities of EBA with respect to issuers of significant asset-referenced tokens and significant e-money tokens and colleges of supervisors

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Matched: issuer — Article 117 Supervisory responsibilities of EBA with respect to issuers of significant asset-referenced tokens and issuers of significant e-money tokens 1. Where an asset-referenced token has been classified as significant in accordance with Article 43 or 44, the issuer of such asset-referenced…

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Matched: issuer — Article 119 Colleges for issuers of significant asset-referenced tokens and significant e-money tokens 1. Within 30 calendar days of a decision to classify an asset-referenced token or e-money token as significant pursuant to Article 43, 44, 56 or 57,…

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Matched: white paper, issuer — Article 120 Non-binding opinions of the colleges for issuers of significant asset-referenced tokens and significant e-money tokens 1. A college referred to in Article 119(1) may issue a non-binding opinion on the following: (a) the supervisory reassessment as referred to in Article…

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Matched: issuer — …persons to provide all information necessary to enable EBA to carry out its duties under this Regulation: (a) an issuer of a significant asset-referenced token or a person controlling or being directly or indirectly controlled by an issuer of a significant asset-referenced token; (b) a third party as referred to in Article 34(5), first subparagraph,…

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Matched: issuer — …1. In order to carry out its supervisory responsibilities under Article 117, EBA may conduct investigations into issuers of significant asset-referenced tokens and issuers of significant e-money tokens. To that end, the officials and other persons authorised by EBA shall be empowered to: (a) examine any records, data, procedures and any…

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Matched: issuer — …responsibilities under Article 117, EBA may conduct all necessary on-site inspections at any business premises of the issuers of significant asset-referenced tokens and issuers of significant e-money tokens. The college referred to in Article 119 shall be informed without undue delay of any findings that might be relevant for the execution of…

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Matched: issuer — …undue delay. For that purpose, the competent authorities and EBA shall exchange any information related to: (a) an issuer of a significant asset-referenced token or a person controlling or being directly or indirectly controlled by an issuer of a significant asset-referenced token; (b) a third party as referred to in Article 34(5), first subparagraph,…

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Matched: issuer — Article 128 Cooperation with other authorities Where an issuer of a significant asset-referenced token or an issuer of a significant e-money token engages in activities other than those covered by this Regulation, EBA shall cooperate with the authorities responsible for the supervision…

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Matched: offer to the public, issuer — Article 130 Supervisory measures by EBA 1. Where EBA finds that an issuer of a significant asset-referenced token has committed an infringement as listed in Annex V, it may take one or more of the following measures: (a) adopt a decision requiring the issuer of the significant asset-referenced…

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Matched: issuer — …accordance with paragraph 3 or 4 of this Article where, in accordance with Article 134(8), it finds that: (a) an issuer of a significant asset-referenced token or a member of its management body has, intentionally or negligently, committed an infringement as listed in Annex V;  (b) an issuer of a significant e-money token or a member of…

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Matched: issuer — …investigation officer shall not be involved or have been directly or indirectly involved in the supervision of the issuers of significant asset-referenced tokens or issuers of significant e-money tokens concerned and shall perform its functions independently from EBA. 2. The investigation officer shall investigate the alleged infringements,…

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Matched: issuer — Article 137 Supervisory fees  1. EBA shall charge fees to issuers of significant asset-referenced tokens and issuers of significant e-money tokens. Those fees shall cover EBA’s expenditure for the execution of its supervisory tasks relating to issuers of significant assetreferenced tokens…

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Matched: issuer — …by EBA to competent authorities 1. Where necessary for the proper performance of a supervisory task in respect of issuers of significant asset-referenced tokens or issuers of significant e-money tokens, EBA may delegate specific supervisory tasks to a competent authority. Such specific supervisory tasks may include the power to carry out…

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Matched: white paper, issuer — …shall contain the following:  (a) the number of issuances of crypto-assets in the Union, the number of crypto-asset white papers submitted or notified to the competent authorities, the type of crypto-assets issued and their market capitalisation and the number of cryptoassets admitted to trading; (b) a description of the experience with the…

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Matched: white paper, issuer — …shall contain the following: (a) the number of issuances of crypto-assets in the Union, the number of crypto-asset white papers submitted or notified to the competent authorities, the type of crypto-asset issued and their market capitalisation, and the number of cryptoassets admitted to trading; (b) the number of issuers of asset-referenced…

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Matched: issuer — …markets in crypto-assets and of the appropriate regulatory treatment of decentralised crypto-asset systems without an issuer or crypto-asset service provider, including an assessment of the necessity and feasibility of regulating decentralised finance; (b) an assessment of the necessity and feasibility of regulating lending and borrowing of crypto-assets;…

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Matched: white paper, issuer — …published after 30 December 2024; (b) operators of trading platforms shall ensure by 31 December 2027 that a crypto-asset white paper, in the cases required by this Regulation, is drawn up, notified and published in accordance with Articles 6, 8 and 9 and updated in accordance with Article 12. 3. Crypto-asset service providers that provided their…

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Matched: admission to trading, issuer — …to firms providing  investment services or to collective investment undertakings marketing their units or shares, issuers or offerors of cryptoassets, persons seeking admission to trading or crypto-asset service providers and the competent authorities that supervise them, within the relevant parts of, Directives 2002/87/EC and 2002/65/EC,…

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Matched: issuer — …the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38). (33) Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on…

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Matched: issuer — …issued on the receipt of funds for the purpose of making payment transactions; (c) represented by a claim on the issuer denominated in the same Fiat Currency; (d) accepted in payment by a natural or legal person other than the issuer; and (e) by virtue of regulatory requirements to which the issuer is subject, redeemable at any time and…

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Matched: issuer — …issued on the receipt of funds for the purpose of making payment transactions; (c) represented by a claim on the issuer denominated in the same Fiat Currency; (d) accepted in payment by a natural or legal person other than the issuer; and (e) by virtue of regulatory requirements to which the issuer is subject, redeemable at any time and…

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Matched: white paper, offer to the public, admission to trading, issuer — ANNEX I DISCLOSURE ITEMS FOR THE CRYPTO-ASSET WHITE PAPER FOR CRYPTO-ASSETS OTHER THAN ASSET-REFERENCED TOKENS OR E-MONEY TOKENS Part A: Information about the offeror or the person seeking admission to trading 1. Name; 2. Legal form; 3. Registered address and head office,…

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Matched: white paper, offer to the public, admission to trading, issuer — ANNEX II DISCLOSURE ITEMS FOR THE CRYPTO-ASSET WHITE PAPER FOR AN ASSET-REFERENCED TOKEN Part A: Information about the issuer of the asset-referenced token 1. Name; 2. Legal form; 3. Registered address and head office, where different; 4. Date of the registration; 5. Legal…

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Matched: white paper, offer to the public, admission to trading, issuer — ANNEX III DISCLOSURE ITEMS FOR THE CRYPTO-ASSET WHITE PAPER FOR AN E-MONEY TOKEN Part A: Information about the issuer of the e-money token 1. Name; 2. Legal form; 3. Registered address and head office, where different; 4. Date of the registration; 5. Legal entity identifier…

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Matched: white paper, offer to the public, admission to trading, issuer — ANNEX V LIST OF INFRINGEMENTS REFERRED TO IN TITLES III AND VI FOR ISSUERS OF SIGNIFICANT ASSET-REFERENCED TOKENS 1. 2. 3. 4. 5. 6. 7. The issuer infringes Article 22(1) by not reporting, for each significant asset-referenced token with an issue value that is higher than EUR 100 000 000, on a…

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Matched: offer to the public, admission to trading, issuer — ANNEX VI LIST OF INFRINGEMENTS OF PROVISIONS REFERRED TO IN TITLE IV IN CONJUNCTION WITH TITLE III FOR ISSUERS OF SIGNIFICANT E-MONEY TOKENS 1. The issuer infringes Article 22(1) by not reporting, for each significant e-money token denominated in a currency that is not an official currency of a Member State with an issue value…

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Matched: issuer — …of existing Union legislative acts on financial services. Therefore, a full set of Union rules already applies to issuers of such crypto-assets and to firms conducting activities related to such crypto-assets.

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Matched: issuer — …activities smoothly. A Union framework for markets in crypto-assets should provide for the proportionate treatment of issuers of crypto-assets and crypto-asset service providers, thereby giving rise to equal opportunities in respect of market entry and the ongoing and future development of markets in crypto-assets. It should also promote financial…

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Matched: issuer — …have on the climate, and any other environment-related adverse impact, are adequately identified and disclosed by issuers of crypto-assets and crypto-asset service providers. When determining whether adverse impacts are principal, account should be taken of the principle of proportionality and the size and volume of the crypto-asset issued.…

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Matched: issuer — …whereby the features of the crypto-asset in question determine the classification and not its designation by the issuer.

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Matched: admission to trading — …the ESAs on the classification of crypto-assets, including classifications proposed by offerors or persons seeking admission to trading. Offerors or persons seeking admission to trading are primarily responsible for the correct classification of crypto-assets, which might be challenged by the competent authorities, both before the date of…

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Matched: issuer — …holders do not fall within the definition of crypto-assets. Therefore, digital assets that are accepted only by the issuer or the offeror and that are technically impossible to transfer directly to other holders should be excluded from the scope of this Regulation. An example of such digital assets includes loyalty schemes where the loyalty…

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Matched: issuer — …electronic money as defined in Directive 2009/110/EC are always provided with a claim against the electronic money issuer and have a contractual right to redeem, at any moment and at par value, the monetary value of the electronic money held. By contrast, some crypto-assets referencing an official currency do not provide their holders with…

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Matched: admission to trading, issuer — …risks and opportunities raised by crypto-assets, it is necessary to lay down rules for offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, as well as for issuers of asset-referenced tokens and e-money tokens. Issuers of crypto-assets are entities that have control over the…

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Matched: admission to trading, issuer — …intermediary, they should not fall within the scope of this Regulation. This Regulation covers the rights and obligations of issuers of crypto-assets, offerors, persons seeking admission to trading of crypto-assets and crypto-asset service providers. Where crypto-assets have no identifiable issuer, they should not fall within the scope of Title II,…

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Matched: admission to trading — …potentially have a financial use, or all admissions of crypto-assets to trading on a trading platform for crypto-assets (‘admission to trading’), in the Union, are properly monitored and supervised by competent authorities, all offerors or persons seeking admission to trading should be legal persons.

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Matched: white paper, offer to the public, admission to trading, issuer — …informed of the characteristics, functions and risks of the crypto-assets that they intend to purchase. When making an offer to the public of cryptoassets other than asset-referenced tokens or e-money tokens or when seeking admission to trading of such crypto-assets in the Union, offerors or persons seeking admission to trading should draw up,…

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Matched: white paper — (25) Crypto-asset white papers, including their summaries, and the operating rules of trading platforms for crypto-assets should be drawn up in at least one of the official languages of the home Member State and of any host Member State or, alternatively,…

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Matched: admission to trading — …when the offeror, or another person acting on the offeror’s behalf, communicates the offeror’s intention of seeking admission to trading or the exempted crypto-assets are admitted to trading.

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Matched: white paper — …order to ensure a proportionate approach, the requirements of this Regulation to draw up and publish a crypto-asset white paper should not apply to offers of crypto-assets other than asset-referenced tokens or e-money tokens that are made to fewer than 150 persons per Member State, or that are addressed solely to qualified investors where the…

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Matched: offer to the public, admission to trading — (28) The mere admission to trading or the publication of bid and offer prices should not, in and of itself, be regarded as an offer to the public of crypto-assets. Such admission or publication should only constitute an offer to the public…

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Matched: white paper, offer to the public — (30) Where an offer to the public concerns utility tokens for goods that do not yet exist or services that are not yet in operation, the duration of the offer to the public as described in the crypto-asset white paper should not exceed 12 months.…

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Matched: white paper, offer to the public, admission to trading — (31) In order to enable supervision, offerors and persons seeking admission to trading of crypto-assets other than assetreferenced tokens or e-money tokens should, before making any offer to the public of crypto-assets in the Union or before those crypto-assets are admitted to trading, notify…

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Matched: white paper, admission to trading — …Title II of this Regulation where crypto-assets are admitted to trading on its own initiative and the crypto-asset white paper has not already been published in the cases required by this Regulation. The operator of a trading platform should also be responsible for complying with those requirements where it has concluded a written agreement…

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Matched: white paper — …order to avoid undue administrative burden, competent authorities should not be required to approve a crypto-asset white paper before its publication. Competent authorities should, however, have the power to request amendments to the crypto-asset white paper and to any marketing communications and, where necessary, to request the inclusion…

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Matched: white paper, offer to the public, admission to trading — (34) Competent authorities should be able to suspend or prohibit an offer to the public of crypto-assets other than assetreferenced tokens or e-money tokens, or the admission of such crypto-assets to trading, where such an offer to the public or admission to trading does not comply with the applicable…

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Matched: white paper, admission to trading — (35) Crypto-asset white papers that have been duly notified to a competent authority and marketing communications should be published. After such publication, offerors and persons seeking admission to trading of crypto-assets other than asset-referenced…

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Matched: offer to the public — …have effective arrangements in place to monitor and safeguard the funds or other crypto-assets raised during their offer to the public. Those arrangements should also ensure that any funds or other crypto-assets collected from holders or prospective holders are duly returned as soon as possible where an offer to the public is cancelled for…

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Matched: offer to the public — …withdrawal during a period of 14 days after their acquisition. In order to ensure the smooth completion of a time-limited offer to the public of crypto-assets, the right of withdrawal should not be exercised by retail holders after the end of the subscription period. Furthermore, the right of withdrawal should not apply where crypto-assets other…

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Matched: admission to trading — (38) Offerors and persons seeking admission to trading of crypto-assets other than asset-referenced tokens or e-money tokens should act honestly, fairly and professionally, should communicate with holders and prospective holders of crypto-assets in a manner that…

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Matched: white paper, admission to trading — (39) To further protect holders of crypto-assets, civil liability rules should apply to offerors and persons seeking admission to trading and to the members of their management body for the information provided to the public in the crypto-asset white paper.

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Matched: issuer — …crypto-assets, in particular retail holders, and in terms of market integrity, as compared to other crypto-assets. Issuers of asset-referenced tokens should therefore be subject to more stringent requirements than issuers of other crypto-assets.

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Matched: admission to trading, issuer — …asset-referenced token or e-money token, Title III or IV of this Regulation should apply, irrespective of how the issuer intends to design the crypto-asset, including the mechanism for maintaining a stable value of the crypto-asset. The same applies to so-called algorithmic ‘stablecoins’ that aim to maintain a stable value in relation to…

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Matched: issuer — (42) To ensure the proper supervision and monitoring of offers to the public of asset-referenced tokens, issuers of assetreferenced tokens should have a registered office in the Union.

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Matched: white paper, offer to the public, admission to trading, issuer — (43) Offers to the public of asset-referenced tokens in the Union or seeking admission to trading of such crypto-assets should be permitted only where the competent authority has authorised the issuer of such crypto-assets to do so and has approved the relevant crypto-asset white paper. The authorisation…

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Matched: white paper, offer to the public, admission to trading, issuer — …under Directive 2013/36/EU should not need another authorisation under this Regulation in order to offer or seek the admission to trading of asset-referenced tokens. National procedures established under that Directive should apply but should be complemented by a requirement to notify the competent authority of the home Member State designated…

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Matched: white paper, admission to trading, issuer — …should refuse authorisation on objective and demonstrable grounds, including where the business model of the applicant issuer of asset-referenced tokens might pose a serious threat to market integrity, financial stability or the smooth operation of payment systems. The competent authority should consult EBA, ESMA, the ECB and, where the issuer…

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Matched: issuer — …should be binding insofar as it obliges a competent authority to refuse, withdraw or limit an authorisation of the issuer of asset-referenced tokens or to impose specific measures on the issuer of asset-referenced tokens. Article 263, first paragraph, TFEU provides that the Court of Justice of the European Union (the ‘Court of Justice’) should…

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Matched: white paper, issuer — (47) To ensure protection of retail holders, issuers of asset-referenced tokens should always provide holders of such tokens with information that is complete, fair, clear and not misleading. Crypto-asset white papers for asset-referenced tokens should include information…

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Matched: white paper, issuer — (48) In addition to the information provided in the crypto-asset white paper, issuers of asset-referenced tokens should also provide holders of such tokens with information on an ongoing basis. In particular, they should disclose on their website the amount of asset-referenced tokens in circulation…

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Matched: issuer — (49) To ensure protection of retail holders, issuers of asset-referenced tokens should always act honestly, fairly and professionally and in the best interests of the holders of asset-referenced tokens. Issuers of asset-referenced tokens should also put in place a clear…

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Matched: issuer — (50) Issuers of asset-referenced tokens should put in place a policy to identify, prevent, manage and disclose conflicts of interest that can arise from their relationships with their shareholders or members, or with any shareholder…

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Matched: issuer — (51) Issuers of asset-referenced tokens should have robust governance arrangements, including a clear organisational structure with well-defined, transparent and consistent lines of responsibility and effective processes to identify,…

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Matched: issuer — (52) Issuers of asset-referenced tokens are usually at the centre of a network of entities that ensure the issuance of such crypto-assets, their transfer and their distribution to holders. Issuers of asset-referenced tokens should…

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Matched: issuer — (53) To address the risks to the financial stability of the wider financial system, issuers of asset-referenced tokens should be subject to own funds requirements. Those requirements should be proportionate to the issuance size of the assetreferenced tokens and therefore calculated as a percentage of the reserve…

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Matched: issuer — (54) In order to cover their liability against holders of asset-referenced tokens, issuers of asset-referenced tokens should constitute and maintain a reserve of assets matching the risks reflected in such liability. The reserve of assets should be used for the benefit of the holders of the asset-referenced…

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Matched: issuer — (55) To prevent the risk of loss for asset-referenced tokens and to preserve the value of those assets, issuers of assetreferenced tokens should have an adequate custody policy for their reserve assets. That policy should ensure that the reserve assets are fully segregated from the issuer’s own assets at all times, that the reserve…

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Matched: issuer — …protect holders of asset-referenced tokens against a decrease in value of the assets backing the value of the tokens, issuers of asset-referenced tokens should only invest the reserve assets in secure, low-risk assets with minimal market, concentration and credit risk. As the asset-referenced tokens could be used as a means of exchange, all profits…

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Matched: issuer — (57) Holders of asset-referenced tokens should have a permanent right of redemption so that the issuer is required to redeem the asset-referenced tokens at any time, upon request by the holders of the asset-referenced tokens. The issuer of assetreferenced tokens should redeem either by paying an amount in funds, other than…

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Matched: issuer — (58) To reduce the risk that asset-referenced tokens are used as a store of value, issuers of asset-referenced tokens and crypto-asset service providers, when providing crypto-asset services related to asset-referenced tokens, should not grant interest to holders of asset-referenced tokens related to the length…

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Matched: issuer — …stringent requirements than asset-referenced tokens or e-money tokens that are not deemed significant. In particular, issuers of significant asset-referenced tokens should be subject to higher capital requirements, to interoperability requirements and they should establish a liquidity management policy. The appropriateness of the thresholds to…

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Matched: issuer — (60) A comprehensive monitoring of the entire ecosystem of issuers of asset-referenced tokens is important in order to determine the true size and impact of such tokens. To capture all transactions that are conducted in relation to any given asset-referenced token, the monitoring of such…

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Matched: issuer — …tokens. Moreover, where asset-referenced tokens are used widely as a means of exchange within a single currency area, issuers should be required to reduce the level of activity. An asset-referenced token should be considered to be used widely as a means of exchange when the average number and average aggregate value of transactions per day associated…

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Matched: issuer — …sovereignty, central banks should be able to request the competent authority to withdraw the authorisation of the issuer of those asset-referenced tokens. Where asset-referenced tokens pose a threat to the smooth operation of payment systems, monetary policy transmission or monetary sovereignty, central banks should be able to request the…

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Matched: issuer — (64) Issuers of asset-referenced tokens should prepare a recovery plan providing for measures to be taken by the issuer to restore compliance with the requirements applicable to the reserve of assets, including in cases where the fulfilment…

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Matched: issuer — (65) Issuers of asset-referenced tokens should have a plan for the orderly redemption of the tokens to ensure that the rights of the holders of the asset-referenced tokens are protected where the issuers are not able to comply with…

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Matched: white paper, issuer — (66) Issuers of e-money tokens should be authorised either as a credit institution under Directive 2013/36/EU or as an electronic money institution under Directive 2009/110/EC. E-money tokens should be deemed to be ‘electronic money’…

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Matched: issuer — (67) Holders of e-money tokens should be provided with a claim against the issuer of the e-money tokens. Holders of emoney tokens should always be granted a right of redemption at par value for funds denominated in the official currency that the e-money token is referencing. The provisions of Directive…

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Matched: issuer — (68) To reduce the risk that e-money tokens are used as store of value, issuers of e-money tokens and crypto-asset service providers when they provide crypto-asset services related to e-money tokens, should not grant interest to holders of emoney tokens, including interest not related to the length…

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Matched: white paper, admission to trading, issuer — (69) The crypto-asset white paper drawn up by an issuer of e-money tokens should contain all information concerning that issuer and the offer of e-money tokens or their admission to trading that is necessary to enable prospective buyers to make an…

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Matched: issuer — (70) Where an issuer of e-money tokens invests the funds received in exchange for e-money tokens, such funds should be invested in assets denominated in the same official currency as the one that the e-money token is referencing in order to…

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Matched: issuer — …greater risks to financial stability than e-money tokens that are not significant and traditional electronic money. Issuers of significant e-money tokens that are electronic money institutions should therefore be subject to additional requirements. Such issuers of significant e-money tokens should in particular be subject to higher capital…

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Matched: issuer — (72) Issuers of e-money tokens should have in place recovery and redemption plans to ensure that the rights of the holders of the e-money tokens are protected when issuers are not able to comply with their obligations.

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Matched: issuer — …line with its best execution policy. The exchange of crypto-assets for funds or other crypto-assets when made by the issuer or offeror should not be a crypto-asset service.

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Matched: issuer — (91) The tools provided by issuers of electronic money to their clients to manage an e-money token might not be distinguishable from the activity of providing custody and administration services as regulated by this Regulation. Electronic money institutions…

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Matched: issuer — …activity of traditional electronic money distributors, namely, that of distributing electronic money on behalf of issuers, would amount to the activity of placing of crypto-assets for the purposes of this Regulation. However, natural or legal persons allowed to distribute electronic money under Directive 2009/110/EC should also be able to…

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Matched: issuer — …therefore necessary to lay down rules to deter market abuse for crypto-assets that are admitted to trading. However, as issuers of crypto-assets and crypto-asset service providers are very often SMEs, it would be disproportionate to apply all of the provisions of Regulation (EU) No 596/2014 of the European Parliament and of the Council (21) to…

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Matched: offer to the public, admission to trading, issuer — (98) Competent authorities should be conferred with sufficient powers to supervise the issuance, offer to the public and admission to trading of crypto-assets, including asset-referenced tokens or e-money tokens, as well as to supervise crypto-asset service providers. Those powers should include the power to suspend or prohibit…

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Matched: admission to trading, issuer — (99) Competent authorities should also have the power to impose penalties on issuers, offerors or persons seeking admission to trading of crypto-assets, including asset-referenced tokens or e-money tokens, and on crypto-asset service providers. When determining the type and level of an administrative penalty…

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Matched: white paper, issuer — …transparency regarding crypto-assets and crypto-asset service providers, ESMA should establish a register of crypto-asset white papers, issuers of asset-referenced tokens, issuers of e-money tokens and crypto-asset service providers.

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Matched: issuer — …monetary transmission channels and monetary sovereignty, it is appropriate to assign to EBA the task of supervising the issuers of asset-referenced tokens, once such tokens have been classified as significant. Such assignment should address the very specific nature of the risks posed by asset-referenced tokens, and should not set a precedent for…

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Matched: issuer — (103)Competent authorities in charge of supervision under Directive 2009/110/EC should supervise issuers of e-money tokens. However, given the potential widespread use of significant e-money tokens as a means of payment and the risks they can pose to financial stability, a dual supervision both by competent authorities and…

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Matched: issuer — (105)EBA should establish a college of supervisors for each issuer of significant asset-referenced tokens and of significant emoney tokens. Since issuers of significant asset-referenced tokens and of significant e-money tokens are usually at the centre of a network of entities that ensure…

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Matched: issuer — (106)To supervise issuers of significant asset-referenced tokens and of significant e-money tokens, EBA should have the powers, amongst others, to carry out on-site inspections, take supervisory measures and impose fines.

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Matched: issuer — (107)EBA should charge fees to issuers of significant asset-referenced tokens and of significant e-money tokens to cover its costs, including for overheads. For issuers of significant asset-referenced tokens, the fee should be proportionate to the size of their…

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Matched: issuer — …periodic penalty payments, and further specifying the type and amount of supervisory fees that EBA can charge to the issuers of significant asset-referenced tokens or significant e-  money tokens. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and…

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Matched: white paper, issuer — …developed by EBA and ESMA with regard to: the content, methodologies and presentation of information in a crypto-asset white paper on principal adverse impacts on the climate and other environment‐related adverse impacts of the consensus mechanism used to issue the crypto-asset; the procedure for approval of crypto-asset white papers submitted…

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Matched: white paper, issuer — …standards developed by EBA and ESMA, with regard to: establishing standard forms, formats and templates for crypto-asset white papers; establishing standard forms, templates and procedures to transmit information for the purposes of the application for authorisation as an issuer of asset-referenced tokens; establishing standard forms, formats and…

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Matched: admission to trading, issuer — …Regulation, namely addressing the fragmentation of the legal framework applicable to offerors or persons seeking the admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, to issuers of asset-referenced tokens and e-money tokens and to crypto-asset service providers, and ensuring the proper functioning of…

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Matched: white paper, issuer — …asset-referenced tokens and e-money tokens that have been issued before the date of application of this Regulation, issuers of such crypto-assets should be exempt from the obligation to publish a crypto-asset white paper and certain other requirements of this Regulation. However, certain obligations should apply when such crypto-assets were…

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Matched: issuer — (116)Given that EBA should be mandated with the direct supervision of issuers of significant asset-referenced tokens and of significant e-money tokens, and ESMA should be mandated to make use of its powers in relation to significant cryptoasset service providers, it is necessary to ensure that EBA…

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Matched: admission to trading — (117)The issuance, offer or seeking of admission to trading of crypto-assets and the provision of crypto-asset services could involve the processing of personal data. Any processing of personal data under this Regulation should be carried out in accordance with applicable…

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Matched: issuer — …beneficiary.'; (6) in Article 45, paragraph 9 is replaced by the following: `9. Member States may require electronic money issuers as defined in Article 2, point (3), of Directive 2009/110/EC, payment service providers as defined in Article 4, point (11), of Directive (EU) 2015/2366 and crypto-asset service providers established on their territory…

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Matched: issuer — …(EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (`the Regulation on markets in crypto-assets') and issuers of asset-referenced tokens; (g) central securities depositories; (h) central counterparties; (i) trading venues; (j) trade repositories; (k) managers of alternative investment funds; (l) management companies; (m) data…

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Matched: issuer — …crypto-asset service provider as defined in the relevant provision of the Regulation on markets in crypto-assets; (56) `issuer of asset-referenced tokens' means an issuer of asset-referenced tokens as defined in the relevant provision of the Regulation on markets in crypto-assets; (57) `administrator of critical benchmarks' means an administrator…

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Matched: issuer — …Council (38); (d) for crypto-asset service providers as authorised under the Regulation on markets in crypto-assets and issuers of assetreferenced tokens, the competent authority designated in accordance with the relevant provision of that Regulation; (e) for central securities depositories, the competent authority designated in accordance with…

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Matched: issuer — …day following publication in the Official Journal). 12. 14(1) GL ESMA, ESMA, with EBA, to issue guidelines so that issuers of Final Guidelines Published 26 February EBA

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Matched: white paper — …Assessment........................................................................................................ 43 6 Machine readability of white papers and white papers register .................................. 61 6.1 Background and legal basis ............................................................................... 61 6.2 Assessment.....................…

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Matched: admission to trading, issuer — …to respond to this consultation paper. In particular, ESMA invites investors and their associations, crypto-asset issuers, crypto-asset service providers, offerors and persons seeking admission to trading of crypto-assets, financial entities dealing with crypto-assets and any other stakeholders that have an interest in the market for crypto-assets.…

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Matched: issuer — …reporting on ARTs and EMTs denominated in a non-EU currency provide specific templates and related instructions for the issuers of ARTs and of EMTs denominated in a non-EU currency to comply with their reporting obligations. They also provide templates and related instructions that crypto-asset service providers (CASPs) must provide to issuers…

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Matched: issuer — …of the European Union on 9 June 2023 and entered into force on 29 June 2023. Article 22(1) of MiCAR requires the issuer of an asset-referenced token (ART) to report to the com- petent authority, on a quarterly basis (a) “The number of holders; (b) The value of the asset-referenced token issued and the size of the reserve of assets; (c) The…

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Matched: issuer — …associated to the use of ARTs and EMTs denominated in a non-EU currency as a means of exchange that should be reported by issuers, and how issuers should estimate the number and value of such transactions. They also aim at contributing to the objective of MiCAR of monitoring and preventing risks that the wide use of ARTs and of EMTs denominated in…

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Matched: issuer — …EXCHANGE UNDER MICAR 2. Executive Summary Articles 22(1)(d) and 58(3) of Regulation (EU) 2023/1114 (MiCAR) require the issuer of an asset- referenced token (ART) or of an e-money token (EMT) denominated in a non-EU currency to report to the competent authority, on a quarterly basis, an estimate of the average number and average aggregate value…

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Matched: issuer — …crypto-asset issuance and crypto-asset service provision in the EU. Articles 46 and 55 of MiCAR set out an obligation for issuers of asset-reference tokens (ARTs) and issuers of e- money tokens (EMTs) to develop and maintain a recovery plan providing for measures to be taken by the issuer to restore compliance with the requirements applicable to…

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Matched: issuer — …Whereas: (1) For the purposes of the reporting referred to in Article 22(1), point (a), of Regulation (EU) 2023/1114, issuers should provide the number of holders with a breakdown by the holders’ location and within that location the number for custodial wallet holders and the number for non-custodial wallet holders or holders of any other types…

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Matched: issuer — …in the scope of the reporting in Article 22(1), point (d), of Regulation (EU) 2023/1114, taking into account that issuers may not have the necessary information to report such transactions under those provisions. That should be without prejudice to the reporting obligations of issuers in respect of such transactions under Article 22(1), point…

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